Statistical Evidence in False Claims Act Cases: Maximizing Opportunities and Overcoming Challenges
For the past years, the False Claims Act (FCA) has become one of the U.S. Department of Justice’s (DOJ’s) major tools in fighting fraud. Through FCA, the DOJ was able to recover more than $3.7 billion in a wide range of industries in the past fiscal year. Along with this upward trend is the prevalence of statistical sampling methods and extrapolation as methodologies to establish damages and liability. Notably, however, the issue of statistical evidence’s appropriateness in proving FCA liability is still uncertain due to lack of law or proper guidance.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments concerning the use of statistical evidence in FCA cases. Speakers will also present litigation strategies on how to maximize opportunities and overcoming challenges.
Some of the major topics that will be covered in this course are:
- Statistical Evidence in False Claims Act Cases – Overview
- Recent Litigation Trends
- Opportunities and Challenges
- Notable Court Decisions
- Best Litigation Strategies
- What is sampling?
- Sampling evidence moves verdicts and damages
- Sampling in Litigation
- How statistical sampling works
- Building a representative scale model with random sampling
- Random samples are representative on average
- Sample size and reliability
- Measures of sampling variability
- How big does my sample need to be?
- Sampling Pitfalls
- When is sampling appropriate in FCA cases?
Shepherd, Finkelman, Miller & Shah, LLP
- The False Claims Act
- The Importance of Statistical Extrapolation vis-à-vis Liability and Damages Questions
- The Life Care Decision
- Impact Of Recent Supreme Court Decisions
- Decisions Since Life Care Endorsing The Use Of Statistical Extrapolation To Establish Liability In FCA Cases
- How Relators And The Government Should Be Prepared Going Forward
Who Should Attend:
- False Claims Act Attorneys
- Attorneys General
- In-house Counsel
- Litigation Officers
- General Counsel
- Chief Compliance Officers
Angela Pazzaglia is a managing economist at Bates White, a leading firm in economic and statistical consulting. In her role as a statistical expert, Dr. Pazzaglia conducts quantitative analyses such as sampling and extrapolation, causation and liability analysis, and damages estimation. She focuses on litigation in the healthcare and pharmaceutical industries, including work on False Claims Act and anti-kickback statute engagements. While with Bates White, Dr. Pazzaglia has estimated liability and damages for a case involving alleged kickbacks by a major brand name pharmaceutical company and assessed statistical claims and sample projections in a matter related to false advertising. She also has extensive experience analyzing pharmaceutical pricing and reimbursements using large transactional sales and claims databases.
Dr. Pazzaglia received her M.S. and Ph.D. from the University of Massachusetts Amherst, where she studied computational modeling.
Angela Pazzaglia is a managing economist at Bates White, a leading firm in economic and statistical consulting. In her role …
James C. Shah is a partner of Shepherd, Finkelman, Miller & Shah, LLP and focuses his practice on the prosecution of complex class and commercial litigation. A significant portion his practice during the past 18 years has related to consumer class actions, including automotive defect cases. James is also actively involved in litigating ERISA, wage and hour, and qui tam matters. In addition to contingent matters, he also represents a significant number of commercial clients in hourly litigation, including many international companies. James earned an undergraduate degree in Political Science from the University of Oregon (1990) and a law degree from Temple University School of Law (1994). James began his career as a litigator in Philadelphia with Pelino & Lentz, P.C. In April 2000, he joined with Scott Shepherd and began building a firm, which now has more than 20 attorneys and offices in six states.
James C. Shah is a partner of Shepherd, Finkelman, Miller & Shah, LLP and focuses his practice on the prosecution …
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Method of Presentation:
Experience in Civil Litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Bates White
Bates White is an economic consulting firm that provides rigorous analysis and economic advice to help clients tackle tough issues with confidence. We advise clients on litigation, case development, and strategy, assessing and analyzing the relative strengths of economic arguments and determining optimal strategies for discovery, motions, trial preparations, and settlement. As a strategic partner to companies, law firms, and federal and state regulatory agencies, we have played important roles in cases that have shaped the legal landscape. For more information, visit www.bateswhite.com.
About Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP (“SFMS”) is a results driven law firm that is focused on delivering the highest level of service possible to its clients throughout the globe. Having begun over fifteen years ago as a litigation boutique, SFMS has grown into a full-service firm that is able to meet its clients’ needs in virtually any matter. The firm maintains a number of offices in the United States that are strategically located to serve its clients. SFMS represents clients in myriad areas, including commercial litigation, qui tam actions and complex class actions (consumer, antitrust, wage and hour, securities and ERISA).